The Commission proposal for a new EU Waste Shipment Regulation has been published.

For those who may wish to submit feedback to the European Commission as part of the EU public consultation on such proposal may do so from here.
The public consultation shall close on 17th January 2022.

On 17th November 2021, the European Commission adopted its proposal for a new EU Regulation on shipments of waste, which will replace the current Regulation (EC) 1013/2006 on shipment of waste (i.e. Waste Shipment Regulation – WSR). As announced in the European Green Deal, the overarching objectives for the review of the current WSR are to promote reuse & recycling in the EU so as to support the transition to the circular economy, ensure explore options to reduce exports of waste to countries outside the EU where such exports might cause potential environment-and-health-related adverse effects as well as to tackle the issue of illegal shipments of waste.

The Commission’s proposal and related impact assessment, as well as additional accompanying documentation and explanations on such proposal can be found here.

The main novelties arising from the Commission’s proposal are as follows:

  • Exports of wastes outside the EU
      1. Exporters to ensure that independent audits are carried out for their waste exports outside the EU. These audits should demonstrate that the facilities treat this waste in an environmentally sound manner. Exporters would only be authorised to export to these facilities if this is the case;
      2. Exports to non-OECD countries would only be allowed if the country of import has demonstrated that it can recover it in an environmentally-sound manner (ESM). The Commission will set up (and update) a list of countries authorised to import such wastes from the EU;
      3. The Commission will monitor the levels of waste exports to OECD countries – If there is a surge in waste exports to one OECD country that might cause environmental or public health problems, the Commission will first seek info on the treatment of this waste in the country concerned. Should no guarantee on the ESM of this waste be provided, then the Commission will suspend export of this waste; and
      4. Specific binding criteria to differentiate between waste and used goods for specific commodities of concern, such as used vehicles and batteries, will be developed to tackle the issue of illegal shipments of waste presented as second-hand goods.
  • Shipments of waste within the EU
      1. New Restrictions on shipments of waste destined for disposal, such that they are only authorised in limited and well-justified cases;
      2. A full digitalisation of all procedures governing such shipments, in particular for green-listed waste;
      3. Facilitating the use of fast-track procedures for shipments of waste intended for recovery to pre-consented facilities;
      4. Harmonised classification of waste at the EU level through the possibility to develop common criteria for waste classification; and
      5. New provisions making it possible to streamline at the EU level the calculation of financial guarantees.
  • Measures to tackle illegal shipments of waste
      • New measures to reinforce the fight against illegal shipments of waste, such as the establishment of an EU waste shipment enforcement group.

Should you have any query on this public consultation, kindly contact ERA

30 November 2021